How can i be held to what i said if i was never read my rights and then what i said used against me and taken into custody and then booked still never being read my rights.I caught two charges based on the conversation.
Criminal Defense Attorney
The rules are that uness you are in a custodial situation, the cops do not have to read you Miranda rights. You need to discuss this with an attorney.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
1 lawyer agrees
DUI / DWI Attorney
You certainly need a lawyer to sort this out. To answer your question:
- Police must read you your rights if you are in custody, otherwise the statements you make cannot be used against you. Statements made outside Miranda can be supressed unless they meet an exception. A typical exception is when the person blurts something out or makes unsolicited statements.
- If you are not in custody, then they don't need to read your rights.
There so many ways to look at this, only your lawyer handling your case will be able to give a good answer to your question.
JensenLegal.com (206) 617-9173
Family Law Attorney
Miranda warnings, specifically the right to not answer questions and to have an attorney present, must be given before a "custodial interrogation". You do not indicate when and under what circumstances you spoke with law enforcement. If you were advised that you were not under arrest and were free to leave, the statements you made are probably going to come in. If you were in a situation where you were not free to leave and questions related to your guilt or innocence were asked, those statements can probably be suppressed. You need to speak with an attorney in private regarding the specifics of your case.